Merrill Lynch, Pierce, Fenner & Smith Incorporated Broker, Glenn Yarbrough, Has Customer Compaint, Alleging Misappropriation of Funds
Glenn Yarbrough (CRD # 1695281) is a Financial Advisor at Merrill Lynch, Pierce, Fenner & Smith Incorporated in Daytona Beach, FL. Glenn Yarbrough has been in the securities industry since 1987 and previously worked at Morgan Stanley.
According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), Glenn Yarbrough has been the subject of three (3) customer complaints during his career, alleging sales practice misconduct. The most recent complaint, which remains pending and has not been adjudicated, alleges the misappropriation of assets from a client account. The complaints made against Glenn Yarbrough are as follows:
• July 2020—”The Beneficiary of the deceased customer alleges misappropriation of funds from May 18, 2017 until July 14, 2020.” Alleged damages are $700,000 and the matter remains pending.
• July 2019—” Through her attorney, the customer alleges failure to follow instructions and unsuitable investment recommendations from August 2017 until January 2019.” The claim was denied.
• August 2002—”CLAIMANT ALLEGES, INTER ALIA, COMMON LAW AND STATUTORY SECURITIES VIOLATIONS IN CONNECTION WITH TRANSACTIONS FROM MID 2000 TO MARCH 2002.” The matter settled for $130,000.
For a copy of Glenn Yarbrough’s CRD, click https://brokercheck.finra.org/individual/summary/1695281#disclosuresSection
Financial advisors have a legal and regulatory obligation to recommend only suitable investments that are appropriate for their clients’ needs and objectives. Their employing brokerage firm has a legal and regulatory obligation to supervise the Financial Advisors’ sales practices and dealings with clients. To the extent any of these duties are breached, the customer may be entitled to a recovery of his or her investment losses.
Reasonable basis suitability requires that a recommended investment or investment strategy be suitable or appropriate for at least some investors. Reasonable basis suitability requires an advisor to conduct adequate due diligence so that he or she can determine the risks and rewards of the investment or investment strategy.
Quantitative suitability requires a brokerage firm or financial advisor with actual or de facto control over a customer’s account to have a reasonable basis for believing that a series of recommended transactions – even if suitable when viewed in isolation – is not excessive and unsuitable for the customer when taken together in light of the customer’s investment profile. No single test defines excessive activity, but factors such as the turnover rate, the cost-equity ratio, and the use of in-and-out trading in a customer’s account may provide a basis for a finding that a member or associated person has violated the quantitative suitability obligation.
Customer-specific suitability requires that a member or associated person have a reasonable basis to believe that the recommendation is suitable for a particular customer based on that customer’s investment profile. Among the criteria that a financial advisor must evaluate to satisfy his or her customer-specific suitability obligations include the investor’s:
• Other investments
• Financial situation and needs
• Tax status
• Investment objectives
• Time horizon
• Liquidity needs
• Risk tolerance
• Any other information disclosed by the customer
The Wolper Law Firm represents investors nationwide in securities litigation and arbitration on a contingency fee basis. Matt Wolper, the Managing Principal of the Wolper Law Firm, is a trial lawyer who has handled hundreds of securities cases during his career involving a wide range of products, strategies and securities. Prior to representing investors, he was a partner with a national law firm, where he represented some of the largest banks and brokerage firms in the world in securities matters. We can be reached at 800.931.8452 or by email at email@example.com.
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